Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

Ex Parte Application for Stay of Execution and Vacate Judgment.

Business 2 views 2 answers
I wrote my own Motion for New Trial, it was granted. However, I don't believe the Execution will be Stayed because I forgot to request the Stay in my Motion for New Trial. I to find general outline for this Ex Parte App. Please provide any links that would be useful, I want to make Application short, please help.

Attorney Answers

2
Kevin Sullivan ·
IF THE MOTION FOR NEW TRIAL WAS GRANTED THERE IS NO JUDGMENT TO EXECUTE ON. THEREFORE I WOULD THINK THAT YOU ARE PROBABLY OK. CONTACT A LOCAL LAWYER FOR ASSISTANCE.,
0 upvotes
Frank Chen ·
Wait. If the court granted your motion for new trial, you should not need to make an ex parte application to stay enforcement of judgment. Normally, a court has power to stay execution on a judgment for a limited period of time, but no longer than 10 days after the deadline for an appeal (which is usually 60 days after the notice of entry of judgment is served). [Code of Civil Procedure § 918(b)]. For an article on discretionary stay against enforcement of judgment, see: http://www.lacba.org/Files/LAL/Vol34No2/2798.pdf
0 upvotes

People Also Asked

Can a police arrest you for a dui and after taking a breath test charge you with dwi and t… 2 answers Setting myself up as a business… 0 answers Can I sue Medtronic for defective/dangerous product… 2 answers Can my brother-in-law sponsor me to become a legal permanent resident?… 1 answers Am I responsible for paying additional fees outside of a signed contract?… 3 answers I want to start my own van/transportation service. Should I incorporated or LLC and what t… 0 answers

Browse by Practice Area

Litigation 203,509 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii